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Open Government Advocacy Project:
Federal court rebuffs Cape May drug arrestee\'s civil rights lawsuit.

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In a May 5, 2010 article, Herald staff writer Joe Hart reported that the Superior Court, Appellate Division ordered a new trial for Craig Young, who was convicted and sentenced to 8 years for peddling cocaine. In reversing Young\'s conviction, the appeals court faulted officials at of the Cape May County Prosecutor\'s office for their conduct during the trial. Young\'s trial was held before Judge Raymond Batten. Detectives Kevin McLaughlin and Paul Skill testified on behalf of the state and Assistant Prosecutor Saverio Carrocia prosecuted the case. Hart\'s article is at http://www.capemaycountyherald.com/article/court+house/drugs/62087-appeals+court+orders+new+trial+convicted+drug+dealer Today, I located an August 13, 2012 order from federal court Judge Joseph E. Irenas. According to the order, the Cape May Prosecutor decided to not retry Young for the cocaine sale charge, released him from jail on June 11, 2010 and formally withdrew the charges against him on September 24, 2010. Young, and his wife, Natalee Lewis Young, thereafter sued McLaughlin, Skill and Carrocia, along with Prosecutor Robert Taylor, First Assistant J. David Meyer, Chief Assistant Robert Johnson, Sr., and Detectives Eugene Taylor, Lynne Frame, Ken Super and Michael Emmer for civil rights violations. In their suit, the Youngs alleged that McLaughlin and Skill fabricated their testimony and that Defendant Assistant Prosecutor Saverio Carrocia withheld evidence. Judge Irenas, however, dismissed the Youngs\' complaint because \"officers who testify in criminal trials enjoy absolute immunity for false testimony.\" Irenas also dismissed the lawsuit because Young could not \"establish the absence of probable cause for his arrest or the favorable termination element of his malicious prosecution claim.\" The mere fact that the prosecutor elected to not retry Young, Irenas found, \"does not reflect Young’s innocence of the underlying charge, but rather could be a reasoned exercise of prosecutorial discretion on how to use limited judicial resources.\" Judge Irenas\' decision is on-line here: John Paff, Chairman New Jersey Libertarian Party\'s Open Government Advocacy Project Somerset, New Jersey http://njlp.org




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New Jersey Libertarian Party Open Government Advocacy Project: Federal court rebuffs Cape May drug arrestee\'s civil rights lawsuit.. September 04, 2012.
URL: http://ogtf.lpcnj.org/2012/2012247Az/
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